Opinion
December 27, 1990
Appeal from the County Court of Broome County (Mathews, J.).
Upon his conviction for two counts of sodomy in the third degree and two counts of sexual abuse in the third degree, defendant received four concurrent sentences, the harshest of which is six months in jail with five years' probation. Claiming that any jail time is harsh and excessive, defendant requests this court to modify his sentence to probation and community service. However, the sentences imposed are not only authorized by law, but they are within the range that County Court promised at the time defendant entered his guilty pleas (see, People v. Spratt, 135 A.D.2d 983, lv. denied 71 N.Y.2d 903). Given the nature of the crimes and the circumstances surrounding them, we cannot say that County Court abused its discretion in imposing sentence (see, People v. Suitte, 90 A.D.2d 80) or that extraordinary circumstances exist warranting a modification (see, People v. McCalop, 119 A.D.2d 937, 938).
Judgment affirmed. Casey, J.P., Mikoll, Yesawich, Jr., Levine and Harvey, JJ., concur.